Brown v. Granatelli

Prologue

I agree with the court that the plan does not cover newborns. Consequently the *1356plan is not liable to the Browns. My real point of difference is that, in-my point of view, under Texas law,1 the policy issued by NALAC is a group policy of accident or sickness insurance thus triggering Texas’s mandatory coverage of newborns. Thus NALAC, independent of the plan, is liable to the Browns under its insurance policy.

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The court’s opinion2 allows insurance companies, authorized to carry on the business of insurance in Texas, which issue policies insuring employee benefit plans,…